TBOM MORTGAGE HOLDING, LLC v. BROWN

No. 3D11-229.

59 So.3d 322 (2011)

TBOM MORTGAGE HOLDING, LLC, Petitioner, v. Cecilia BROWN, et al., Respondents.

District Court of Appeal of Florida, Third District.

April 20, 2011.


Attorney(s) appearing for the Case

Mathew Seth Sarelson and Max M. Nelson , for petitioner.

No appearance for respondents.

Before GERSTEN and SALTER, JJ., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

Although the plaintiff mortgagee in this "routine" home foreclosure case clearly established its right to a default against the mortgagor, the trial court refused to enter one, giving only what must be called the spurious reason that the non-military affidavit was in some unspecified (because non-existent) way "insufficient." In fact and in law, the affidavit, which was in the universally accepted form, and was supported by evidence which clearly...

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